DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Maine

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Maine, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/maine · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkA lien beats a prior mortgage only if the mortgagee consented to the work.

Maine at a Glance

Topic Maine answer Where it comes from
Lien statement Claimants not in contract with the owner record a sworn statement and mail it to the owner within 90 days after last work 10 M.R.S. § 3253
Enforcement Suit within 120 days after the last work or materials 10 M.R.S. § 3255
Priority over a prior mortgage Only if the mortgagee consented to the work (knowledge of the nature and extent of the work plus conduct) F.R. Carroll, Inc. v. TD Bank, N.A., 2010 ME 115
Deed transfer tax $2.20 per $500, split half and half; plus $3.80 per $500 on value over $1 million (transfers on or after Nov. 1, 2025); declaration of value required 36 M.R.S. §§ 4641-A, 4641-D
Mortgage/indebtedness tax None found (no state statute found)
Future advances Mortgage must say it secures future advances and state a maximum; 3-business-day notice rules 33 M.R.S. § 505
Attorney role — Practice
Title premium regulation Rates filed at least 30 days before the effective date 24-A M.R.S. § 2304-A

1. Mechanic's Lien Rules

Plain English

A Maine mechanic's lien arises when qualifying work or materials are furnished. A claimant who did not contract with the owner loses the lien unless, within 90 days after it stopped work, it records a sworn statement in the registry of deeds and mails a copy to the owner. A contractor in privity with the owner is exempt from that filing step. Every claimant must sue within 120 days after the last work or materials. A lien generally does not beat a previously recorded mortgage unless the lender consented to the work, which takes specific knowledge of the work plus conduct that led the contractor to believe the lender agreed (F.R. Carroll).

Key Rules

Filing (10 M.R.S. § 3253). 90 days; sworn; mailed to owner; privity exemption.

Enforcement (10 M.R.S. § 3255). 120 days after last work.

Priority (F.R. Carroll, Inc. v. TD Bank, N.A., 2010 ME 115, 8 A.3d 646). A lien can prime a prior mortgage only on proof of the mortgagee's consent: knowledge of the nature and extent of the work, plus conduct justifying the contractor's belief that it consented. Consent is fact-specific; the court vacated a summary judgment for the contractor.

Practice Points

  1. Work within the last 120 days is a live risk, even with nothing recorded.
  2. Lenders: avoid conduct that looks like consent to unpaid work.
  3. Clear expired liens: no suit in 120 days means the lien is dissolved.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Maine deeds are acknowledged and recorded in the county registry of deeds with a declaration of value. The transfer tax is $2.20 per $500 of value, paid half by the grantor and half by the grantee. A 2025 law adds $3.80 per $500 on value above $1 million for transfers on or after Nov. 1, 2025, also split half and half. Transfers of a controlling interest (more than 50%) within 12 months in an entity owning Maine land are taxed at the same rates (36 M.R.S. § 4641-A(2)).

Attorney role. We did not find a Maine statute that requires an attorney at every closing.

Key Rules

  • Transfer tax (36 M.R.S. § 4641-A). $2.20 per $500 (or fraction); split; $3.80 surcharge over $1 million (transfers on or after Nov. 1, 2025); controlling-interest transfers taxed at the same rates.
  • Recording act (33 M.R.S. § 201). An unrecorded deed or lease over 2 years isn't effective against anyone but the grantor, heirs and devisees, and persons with actual notice.
  • Remote notarization (4 M.R.S. § 1915). Notarial acts for remotely located individuals by communication technology are authorized.
  • Declaration of value (36 M.R.S. § 4641-D). Required with each deed and each controlling-interest report; mortgages and discharges are exempt.

Practice Points

  1. Collect from both sides, and add the surcharge over $1 million.
  2. File the declaration of value with every deed.
  3. Confirm who examines title and that the opinion is from a Maine attorney.

Citations

3. Securing Future Advances

Plain English

A Maine mortgage secures future advances with priority only if it says it secures future advances and states the total amount it may secure. Advances up to that cap beat later liens, and the mortgage stays valid at a zero balance while the advance agreement is in effect. A later perfected lienholder can send the lender a registered-mail notice; advances made after the 3rd business day become junior (construction financing excepted). The borrower can record a similar notice limiting advances.

Key Rules

  • Requirements (33 M.R.S. § 505(2)). Say so and state the maximum.
  • Priority and notices (33 M.R.S. § 505(5)). 3-business-day rule.
  • Excess (33 M.R.S. § 505(6)). Over the cap is junior.

Practice Points

  1. Check the future-advance clause and stated maximum.
  2. Junior lenders: send the registered-mail notice.
  3. HELOC payoffs: record the borrower's limiting notice and get a discharge.

Citations

4. Subdivision Statutes and Regulations

Plain English

Maine's subdivision law (30-A M.R.S. § 4401 et seq.) requires planning board approval, and unapproved plats should not be recorded. A subdivision is a division into 3 or more lots within any 5-year period (30-A M.R.S. § 4401). No one may sell, lease, or convey land in a subdivision that hasn't been approved and recorded, and the register of deeds may not record an unapproved plan (30-A M.R.S. § 4406). The Lytle case (2026 ME 36) is a reminder that easements need room to work.

Key Rules

  • Definition (30-A M.R.S. § 4401). 3 or more lots within any 5-year period; also 5 or more dwelling units in certain cases.
  • Enforcement (30-A M.R.S. § 4406). No sale, lease, or conveyance in an unapproved, unrecorded subdivision; approval must appear in writing on the recorded plan.
  • Easement interference (Lytle v. Lind, 2026 ME 36).

Practice Points

  1. New lot? Confirm planning board approval of the recorded plan.
  2. Check the 3-lots-in-5-years trigger (30-A M.R.S. § 4401).
  3. Walk easements for fences and gates (filed Lytle).

Citations

5. Title Premium Rates

Plain English

Maine title insurers file proposed rates, rating schedules, and supporting information with the Superintendent at least 30 days before they take effect. Filings are generally confidential until approved. Rates may consider reasonable commissions and acquisition costs.

Key Rules

  • Rate filings (24-A M.R.S. § 2304-A). 30 days before effect.
  • Making of rates (24-A M.R.S. § 2303).

Practice Points

  1. Charge the CPL fee only as filed.
  2. No unfiled charges.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Maine's real estate transfer tax is $2.20 per $500 of value, split equally between buyer and seller. For transfers on or after Nov. 1, 2025, value above $1 million pays an extra $3.80 per $500, split the same way. Maine has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $2.20 per $500, half paid by the grantor and half by the grantee (§ 4641-A).
  • High-value surcharge. An additional $3.80 per $500 on the portion of value over $1 million, for transfers on or after Nov. 1, 2025; like the base tax, imposed half on the grantor and half on the grantee (§ 4641-A(1)).
  • Declaration of value (Form RETTD) is filed with the deed (§ 4641-D).
  • Controlling interests (§ 4641-A(2); § 4641(1-A)). Transfer or acquisition within any 12-month period of more than 50% of an entity with a fee interest in Maine real estate is taxed at the same rates, half on each side; jointly and severally liable if not reported and paid within 30 days.

(b) Mortgage, indebtedness or intangible tax

  • None found. Maine has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • Registry of deeds fees (33 M.R.S. § 751, as amended by PL 2025, c. 328). Flat $35 per instrument ($25 for the State or a municipality); plans $45.

Practice Points

  1. Worked example. A $1,500,000 sale: base $6,600 ($3,300 each side) plus surcharge $3,800 on the $500,000 over $1 million.
  2. No mortgage tax on loans.

Citations

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